Until a few months ago, the only statute dealing with custody of a pet was found in the Illinois Domestic Violence Act of 1986, which allows a judge to award temporary legal custody of an animal if domestic abuse is a danger to the pet. 750 ILCS 60/214. However, effective January 1, 2018, the Illinois Marriage and Dissolution of Marriage …
Illinois Family Law: Best Interest of the Child Factors for the Allocation of Parental Responsibilities
Everyone involved in a family law proceeding involving children has heard of the the “best interest of the child” test. So what factors do Illinois courts consider for custody (errrr, I mean the “allocation of parental responsibilities”)? (1) the wishes of the child, taking into account the child’s maturity and ability to express reasoned and independent preferences as to decision-making; …
What Happens in a Mediation Session?
The mediator should begin the mediation session with laying a few ground rules. Here are some examples: 1. Explaining his/her role in the process 2. Reminding everyone about confidentiality and how the information used in the mediation is for “settlement purposes” and cannot be used in court 3. Depending on preference, asking the parties to put cellphones on silent or …
What Happens During the Consultation with a Mediator?
Initial Contact. Typically, one person calls the mediator at first and requests a telephonic or in-person consultation. If the initial consultation is given to only one party, then in efforts to stay neutral, private time with the mediator is also offered to the other person. Some mediators choose to charge for the initial consultation. Confidentiality Agreement. During this stage, …
What is Mediation? (Part 2)
In yesterday’s post, I noted what mediation is NOT. Well, this is what mediation IS: Mediation is a Conversation Put simply, the role of the mediator is to facilitate a conversation between the parties The mediator is not there to listen to testimony like a trial or arbitration. Albeit “heated” at times, a mediation session is conversation focused. Mediation Allows …
What is Mediation? What is it Not?
When I talk to folks about what mediation is, sometimes is easiest to explain what it is NOT first. I’m going to compare mediation to other forms of alternative dispute resolution. Litigation – Although mediation can be used in disputes between parties who are involved in litigation, the mediator is not acting like a judge, making a decision. Unlike trial, …
Illinois Family Law: Relocation with Children
Various reasons prompt a parent to want to relocate with his or her child. Illinois, like most states, has strict procedures to follow when requesting a relocation since the relocation often times jeopardizes the relationship and time spent with the other parent. Relocation refers to three situations in Illinois, dependent on location: The parent moving more than 25 miles from …
Ask Cari: Questions on Divorce, Debt and Prenups
Here are some recent answers from some questions I received on the Big D’s (Divorce, Debt, and Death): 1. What should people know when it comes to your spouse¹s debt when it comes to death or divorce? In most states, all debt obtained by either party after the date of the marriage is considered marital debt while debt incurred before …
Child Custody and Visitation: Getting a Holiday Schedule in Place
After deciding the “basic parenting time schedule”, parents should then decide how they want to handle holidays. Holidays include the following: School holidays/ National holidays (e.g., Columbus Day, Memorial Day) Religious holidays (e.g., Easter) Other holidays (e.g., Halloween) Birthdays (parents and children) Father’s Day and Mother’s Day Parents should make a list of all applicable holidays in which the parents …
Overview of Family Law or Divorce Mediation Process
Initial Consultation It is recommended that parties considering a mediation first have an initial consultation with the mediator. This initial consultation can be via the telephone or in-person. The parties may choose to have the initial consultation together or separately. During this stage, the mediator oftentimes will have the parties sign a confidentiality agreement, explaining that everything stated during the …
What is Mediation?
Mediation vs. Arbitration Mediation is oftentimes confused with arbitration. In mediation, a mediator acts as a neutral third party to help the parties reach an amicable resolution. Put simply, a mediator helps facilitate a conversation between the parties. A mediator is not a judge or a jury and does not make a decision for the parties. However, in some instances, …
Video About Onward and Upward: Guide for Getting Through New York Divorce and Family Law Issues
I’m really excited to share the video about my new book “Onward and Upward: Guide for Getting Through New York Divorce & Family Law Issues.” I’m really proud and excited about the finished product of this book. I love that it collaboration of both lawyers and nonlawyers, working together to strengthen families and people. This book is a phenomenal information …